IN THE CASE OF: BOARD DATE: 8 February 2011 DOCKET NUMBER: AR20100019804 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Bronze Star Medal (BSM), two Overseas Service Bars, and the Cold War Recognition Certificate. 2. The applicant states, in effect, the BSM was omitted from his DD Form 214. He also states he should have two Overseas Service Bars for his service in Panama and the Republic of Vietnam (RVN). 3. The applicant provides copies of the general orders, citation, and certificate for award of the BSM. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant has requested correction of his DD Form 214 to show award of the Cold War Recognition Certificate. Army Regulation 600-8-22 (Military Awards) does not govern the Cold War Recognition and, as a result, it is not shown on a discharge document. The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal Government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. Based on this information, this Record of Proceedings will not further discuss the applicant’s request for the Cold War Recognition Certificate. 3. The applicant was appointed as an officer in the Army of the United States and entered active duty on 28 September 1949. He accepted appointment as an officer in the Regular Army on 2 April 1954 and continued to serve until he retired on 30 September 1980. He completed 31 years and 3 days of active military service. 4. His DD Form 214 does not show the BSM in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized). This item shows he received one Overseas Service Bar. 5. General Orders Number 642, issued by Headquarters, 1st Logistical Command, dated 1 July 1967, awarded the applicant the BSM for meritorious service in the RVN from May 1966 to May 1967. 6. A DA Form 66 (Officer Qualification Record) shows he served in the U.S. Army Caribbean (USARCARIB) from 13 September 1956 to 2 September 1959 with further assignment to the U.S. Army Mission to Panama. The form also shows he served in the U.S. Army Pacific-Vietnam from 16 May 1966 to 11 May 1967. 7. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. The regulation does not identify service in Panama as qualifying for the Overseas Service Bar. 8. For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit towards the Overseas Service Bar. 9. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in item 13 of the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. General orders awarded the applicant the BSM. Therefore, he is entitled to correction of his DD Form 214 to show this medal. 2. The applicant was credited with 12 months of service in Vietnam. Therefore, he is entitled to correction of his record to show two Overseas Service Bars. BOARD VOTE: ____X___ ___X____ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry "(1) OS Svc Bars" from item 13 of his DD Form 214; and b. adding the BSM and two Overseas Service Bars to item 13 of his DD Form 214. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100019804 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100019804 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1